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Defective service and “technical game playing”: Woodward & Ors v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985

17/06/2019 Written by Peter Yates Woodward & Ors v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 is the latest procedural skirmish in the ongoing battle between Claimants and Defendants. Following on from the Supreme Court’s judgment in Barton v Wright Hassall LLP [2018] UKSC 12, it is an important reminder – if any were […]

SOLICITORS CAN RECOVER VAT ON MEDICAL REPORTING ORGANISATION FEE : BRITISH AIRWAYS PLC V PROSSER

09/05/2019 British Airways Plc v Prosser [2019] EWCA Civ 547, [2019] All ER (D) 30 (Apr)     Personal Injury analysis: Frances Lawley, barrister at Zenith Chambers, explores the decision in British Airways Plc v Prosser, which found that a solicitor can recover VAT on a medical reporting organisation fee.   What are the practical […]

Zenith’s Newly Appointed Deputy District Judges

Zenith Chambers are proud to announce that the Lord Chief Justice has appointed; Colin Richmond, Ruwena Khan, Chris Rafferty, Mark Henley and Keith Allen as a Deputy District Judge on the North Eastern Circuit. Huge congratulations!

EXAGGERATION NOT NECESSARILY FUNDAMENTAL DISHONESTY

Spencer Smith v Ashwell Maintenance Limited (Leicester County Court, 21/1/2019) Claimant who was found to have exaggerated and overstated his difficulties not fundamentally dishonest on the basis that his motive was to convince rather than to deceive The claimant was a qualified gas engineer who, on 14th July 2013 in the course of his employment, […]

FATAL ACCIDENT DAMAGES CONSIDERED: BLAKE -v- MAD MAX LIMITED

In Blake v Mad Max Ltd  [2018] EWHC 2134 (QB) Peter Marquand (sitting as a High Court Judge) considered several disputed aspects of damages in a fatal claim. The judgment provides a useful guide to general damages in mesothelioma cases, it confirms the view that damages cannot be awarded for a “wake” and provides a […]

FUNDAMENTAL DISHONESTY – YOU HAVE BEEN WARNED (HOPEFULLY)

I recently represented a claimant at trial in relation to a personal injury claim arising out of a road traffic accident. The defendant indicated an intention to pursue a finding of fundamental dishonesty. There were certain aspects of the evidence that might have led to such a finding, but such an outcome was far from […]

Withdrawn but not forgotten – Part II: Britned Development Limited v ABB AB & Anor [2018] EWHC 3142 (Ch)

Another case dealing with the thorny issue of withdrawn Part 36 offers is Britned Development Limited v ABB AB & Anor. Here, the Defendant withdrew a Part 36 offer after trial but before judgment. The Claimant was awarded damages in a lower sum and the parties were in a dispute as to the costs consequences. […]